Schools' Restrictions on Media Are Protested

By DAVID M. HERSZENHORN

Published: February 26, 2004

The New York Civil Liberties Union charged yesterday that a city education official improperly sought to restrict school employees from speaking with reporters, in violation of the employees' constitutional rights.

In a letter to the city Law Department, the civil liberties union urged the Bloomberg administration to rescind a directive sent by a superintendent in Queens, telling employees they must contact a department legal adviser if a reporter calls them.

''As you know, this is the type of directive declared unconstitutional,'' Christopher Dunn, a lawyer for the civil liberties union, wrote in the letter.

''Given the intense public interest in matters concerning the Department of Education, I ask that you take steps to have this directive rescinded immediately,'' Mr. Dunn wrote. ''I also ask that you provide us with copies of any existing Department of Education policies concerning employee communications with the press or public so that we can assure that similar restrictions are not being imposed in other regions of the department.''

The directive was sent by a high-level superintendent in Region 3, in north Queens, in an e-mail message on Monday to lower-level superintendents. The message, with the subject heading ''NY Times,'' said, ''The policy for Region 3 is that if a reporter calls you, you are to contact our legal adviser Thomas Fox.''

Principals, teachers and other education department officials routinely tell reporters that they are barred by department regulations from speaking with the news media. But aides to Schools Chancellor Joel I. Klein have repeatedly denied that the department prohibits employees from talking to reporters. Jerry Russo, the chancellor's press secretary, has said that school employees had been told they could speak with reporters but were asked to inform the chancellor's press office first.

Responding to the civil liberties union's letter, Mr. Russo said yesterday: ''The department does not prohibit staff from speaking to the media, as evidenced by the fact that staffers are routinely quoted in the press. In this case, an employee in a regional office misunderstood and misstated the policy.''

Mr. Russo and other officials have said that a written policy was distributed to principals early in the school year. But when asked to provide a copy, Mr. Russo and other officials said it could not be found. But yesterday, in response to questions about the civil liberties union's complaint, Mr. Russo provided a memo titled ''general guidelines for dealing with the media'' that he said was distributed to the school system's senior leadership in the fall.

The guidelines urge all education department employees to contact the chancellor's press office for assistance in handling inquiries from the news media, and it gives principals authority to decide whether to allow reporters into schools.

''In the case of schools, principals should use their best judgment about the admission of media or public officials during school hours,'' the guidelines state, adding, ''Once again, school officials are encouraged to consult the press office for assistance with such matters.''

Mr. Dunn, of the civil liberties union, praised Mayor Michael R. Bloomberg's administration for responding promptly when his office raised similar concerns about other city agencies.

''Every time I find one of these things,'' Mr. Dunn said, ''I go to them and say here's another one, and they have dealt with it.''

In June 2003, the administration agreed to rescind regulations barring city employees from speaking with the news media without their agency's permission. In several cases, judges had ruled against the city and struck down such rules.

''These policies are extraordinarily appealing for administrators, particularly in agencies where there is controversy and so they keep coming up,'' he said. ''The city knows they are no good and as soon as I bring it to their attention, they rescind them.''

As a result, the Correction Department, the Human Resources Administration, the Fire Department and the Department of Youth and Community Development have all revised their rules.